The trial of journalist Tolga Şardan, accused of "publicly disseminating misleading information" and "openly insulting state judicial institutions" over his article "What's in MİT's Judiciary Report Presented to the Presidency?", has been adjourned to May 22, 2025, to allow the court time to review newly submitted documents.
Case details
The charges against Şardan stem from an October 31, 2023, article published on T24, which criticized the judiciary and allegedly referenced a classified report by Turkey’s National Intelligence Organization (MİT). Şardan was detained on November 1, 2023, and remained in custody for five days before being released on November 6.
The second hearing was held at Istanbul's 2nd Criminal Court of First Instance and attended by a broad array of observers, including representatives from the Istanbul Bar Association, the opposition Republican People’s Party (CHP), and press freedom organizations such as Reporters Without Borders (RSF) and the Committee to Protect Journalists (CPJ).
Prosecutor reaffirms charges
In the previous session, the prosecutor argued that the phrase "judicial decay" in Şardan's article constituted the offense of "insulting state judicial bodies." They also claimed that the allegations of misleading information met the legal elements of the related crime. Reiterating these points at this hearing, the prosecutor asked the court to impose penalties for both charges.
Additionally, the prosecutor requested that Şardan be allowed to provide supplementary testimony, citing the nature of the alleged offenses as being conducted via the press.
Defense and court decision
Şardan, represented by his lawyers Mustafa Gökhan Tekşen and Özlem Günel Tekşen, maintained his innocence, arguing that his work was professional journalism and the claims against him were baseless. "This investigation was initiated ex officio; neither the Presidency nor MİT filed a complaint against me after the article was published," Şardan stated.
Şardan's lawyers also submitted an expert opinion prepared by lawyer Benan Molu on behalf of P24, arguing for his acquittal based on principles of press freedom and a lack of evidence for the charges.
The court postponed the trial to May 22 to examine the submitted evidence and expert reports further.
Context and implications
The case has drawn significant attention from international and domestic advocates of press freedom. Observers argue that such prosecutions signal a broader trend of stifling investigative journalism in Turkey, especially when it involves criticism of state institutions.